General Terms & Conditions
I (or if I am a minor, my undersigned parent or guardian) seek to apply for a program sponsored by INSPIRE LEARNING. My participation in the Program organised by INSPIRE LEARNING is contingent on my execution and acceptance of this Program Agreement (this ‘Agreement’). As an inducement for INSPIRE LEARNING to allow me to participate in the Program, I agree as follows:
If this Agreement is signed by the parent or guardian of a Program participant, the terms ‘I’, ‘me’ and ‘my’ used herein will mean and refer to both the Program participant and the undersigned parent or guardian.
- Representations, warranties and covenants
I represent, warrant and covenant to INSPIRE LEARNING as follows, which representations, warranties and covenants will be relied upon by INSPIRE LEARNING and will survive the termination or expiration of this Agreement.
- I have read and I understand and accept the terms and conditions of this Agreement.
- All information that I provide to INSPIRE LEARNING, including that which I have submitted on the Application (‘Application’) to participate in the Program, is complete and correct.
- I will notify INSPIRE LEARNING of any modifications to or errors in the information provided in the Application within five (5) calendar days of any such modification or discovery of an error.
- I have read and agree to the terms and conditions in INSPIRE LEARNING’s Program literature (‘the Literature’) provided to me, which is incorporated herein by reference and which constitutes part of this Agreement, including, without limitation, provisions in the Literature setting forth responsibility, payment of fees, status changes, refunds, accommodations and courses. In the event of any conflict between the terms of this Agreement and the Literature, the terms of this Agreement will control.
- I understand that I will be travelling to a foreign country, with different customs, standards, laws, and risks than my own country. I agree to take reasonable steps to become familiar with the host country’s relevant civil laws, criminal laws, customs and risks. I agree that INSPIRE LEARNING does not have a duty to inform me of these risks.
- I understand and acknowledge: (a) that I may become sick or injured while participating in a Program; (b) that I may be arrested or imprisoned if I do not conform to the local laws; (c) that each foreign country has its unique set of criminal and civil laws, and I may become a victim of a crime, or become a defendant in a civil suit; and (d) that I may find local customs or standards unusual, disagreeable or even repugnant. I accept the above described risks and other risks involved in travel in, to and among foreign countries. As set forth below, I will not attempt to hold INSPIRE LEARNING or its Representatives (defined below) responsible for any such risks or problems encountered while participating in an INSPIRE LEARING Program.
- I understand that I am responsible for any and all expenses incurred while travelling independently on weekends or holidays during, before or after my period of stay at a Program site. I also understand that INSPIRE LEARNING does not provide support during periods of independent travel. I understand that I am responsible for exercising caution at all times to avoid injuries, and that INSPIRE LEARNING does not have a duty to supervise my independent activities.
- I understand that INSPIRE LEARNING does not provide insurance coverage for health and accidents; and I acknowledge that it is my responsibility to purchase insurance as I deem necessary. I agree that INSPIRE LEARNING is not responsible for any uninsured losses.
- I will comply with INSPIRE LEARNING’s policies including its rules, standards and instructions for Program participants. I agree that INSPIRE LEARNING will have the right to enforce its policies, rules and appropriate standards of conduct and that it may at any time terminate my participation in the Program for failure to maintain standards of conduct and that it may at any time terminate my participation in the Program for failure to maintain INSPIRE LEARNING’s standards. I agree that INSPIRE LEARNING may change, modify or amend its policies, rules, standards and instructions for any Program and I will be bound by and will abide by any such changes.
- If my participation in a Program is terminated for any reason I consent to being withdrawn from the Program at my own expense and will not receive a refund of any amount paid by me.
- Release and waiver
I unconditionally release and hold harmless INSPIRE LEARNING and its Representatives from any claims for damage, injury, loss or expense of any nature resulting from events beyond their control, including, without limitation, losses arising from any of the following: (i) Acts of God, war, strikes, crime, terrorism, sickness/quarantine, government restrictions, laws or regulations; (ii) any travel-related or transportation-related activity or event; (iii) any act, consequence, or omission relating to any tour, hotel accommodation, or other hospitality or lodging; and (iv) any act or omission of any school, university host, host family, or other firm, agency, company or individual, unless the loss is caused by our gross negligence.
I hereby release, discharge, waive, forgive and agree to hold harmless INSPIRE LEARNING, its members, manager, shareholders, directors, officers, employees, contractors, agents, representatives and affiliates (collectively, ‘Representatives’), and any institution serving as sponsor or host of a Program and its Representative, against any and all claims, demands, causes of action, liabilities, debts, set-offs, amounts, judgements or damages to or loss of property, personal illness or injury, death, whether known or unknown, discovered or undiscovered, related to or arising out of my participation in a Program and unrelated travel, and any program or activity conducted by or associated with INSPIRE LEARNING or any institution or organisation serving as a sponsor or host of a Program.
- Limitation of liability
Under any and all circumstances, the cumulative liability of INSPIRE LEARNING to me will not exceed the total fees paid by me to INSPIRE LEARNING.
To the greatest extent permitted by law, I agree that INSPIRE LEARNING and/or its representatives will not be liable to me for any loss of use, interruption of business or any indirect, special, incidental punitive or consequential damages of any kind (including lost profits), regardless of the form of action whether in contract, tort (including negligence), strict liability or otherwise, even if INSPIRE LEARNING has been advised of the possibility of such damages.
- Authorisation of action by INSPIRE LEARNING
In the event of my illness, injury or incapacity while participating in a Program, I authorise any agent of INSPIRE LEARNING to take whatever actions they may consider necessary or advisable to secure treatment at my own (or my parents’ or guardians’) expense, including without limitation, arranging for the administration of an anaesthetic, surgery and/or transportation back to my home country. I agree to provide the name of an emergency contact whom INSPIRE LEARNING may notify should INSPIRE LEARNING deem it necessary.
I authorise INSPIRE LEARNING to release my Application and supporting references and documentation to Program host institutions, my home institution(s) and their personnel (if applicable), and INSPIRE LEARNING’s staff. I agree that INSPIRE LEARNING may distribute my name and email address to other past, present and future Program participants and applicants, unless I notify INSPIRE LEARNING in writing otherwise.
I understand that INSPIRE LEARNING occasionally uses statements by its participants and/or their photographs. I hereby grant to INSPIRE LEARNING a non-exclusive, worldwide, non-transferable royalty-free, irrevocable license to use, copy, display and distribute my name, photograph, likeness and any statements made by me about a Program in INSPIRE LEARNING’s website, advertising, marketing, promotions and printed materials thereof.
- Consent to program changes
INSPIRE LEARNING (and/or a sponsoring academic institution) reserves the right to cancel any program (or any potion of a program) for good cause, such as insufficient enrolment or otherwise, and that INSPIRE LEARNING may alter arrangements for transportation, program, itineraries, accommodations, and departure dates, and may make program changes or substitutions (collectively ‘Program Changes’). I consent to any Program Changes and agree to pay INSPIRE LEARNING any additional fees charged by INSPIRE LEARNING due to Program Changes. I also understand that, if I leave a Program for any reason, there will be no refund of program fees or any expenses already paid.
I will indemnify, defend and hold harmless INSPIRE LEARNING for, from and against any and all expense, liabilities and losses (including, without limitation, investigation expenses and expert witnesses’ and attorneys’ fees and expenses, costs of court, judgements, penalties, fines and amounts paid or to be paid in settlement) actually incurred by INSPIRE LEARNING, in connection with any action, suit or proceeding, whether civil, criminal, administrative, or investigative, to which I am a party or is threatened to be made a party (any ‘Proceeding’) based upon, arising from, relating to, or by reason of (i) my participation or involvement in a Program; (ii) my actions, omission, or failure to act while taking part in a Program or travelling as part of a Program; (iii) any misrepresentation or breach of me of any representation, warranty, covenant or agreement made or contained in this Agreement; and (iv) any action taken by an agent of INSPIRE LEARNING pursuant to Section 5 (‘Authorisation of Action by INSPIRE LEARNING’) above.
- Survival and order of precedence
In the event of the termination or expiration of this Agreement, the provisions of Section 2 (‘Representations, warranties and covenants’), Section 3 (‘Release and waiver’), Section 6 (‘Licence’), Section 8 (‘Indemnification’), Section 4 (‘Limitation of liability’), this Section 9 (‘Survival and order of precedence’), and Section 11 (‘Attorneys’ Fees and Expenses; Effective Date’) will survive and will continue to bind the parties.
- Governing law, jurisdiction and venue
This Agreement will be governed by, and construed in accordance with, the laws of the Republic of Ireland (without given effect to conflicts of law principles). Any action, suit or arbitration proceedings relating to this Agreement or arising from my relationship with INSPIRE LEARNING must be commenced and maintained it the appropriate Irish court, as applicable. The parties irrevocably consent to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal of any action commenced in any such court in accordance with the terms of this Section.
- Attorney’s fees and expenses
In the event either party hereto institutes an action or other proceeding to enforce any rights arising under this Agreement, the prevailing party will be paid all reasonable costs and attorneys’ fees (including but not limited to, expert witness fees and costs) by the other party, such fees to be set by the court and not by a jury and to be included in any judgment or award entered in such proceeding.
- Merger & modification
No modification of this Agreement, nor waiver of any rights that arise from this Agreement, will be effective unless it is in writing and is signed by both parties. This Agreement sets forth the entire understanding between the parties relating to the subjects addressed herein, and merges all prior discussions between the parties concerning such subjects.
- Successors & Assignment
This Agreement will bind and inure to the benefit of the successors, legal representatives and permitted assigns of the parties. No assignments of the rights and obligations by you hereunder will be valid or binding absent INSPIRE LEARNING’s written consent.
- Disclosure of previous or current conditions
You agree to notify and disclose to INSPIRE LEARNING (on a separate form that INSPIRE LEARNING will provide upon request) any current or previous conditions that might adversely and materially affect your participation in the Program, such as medical conditions, psychological conditions, or past criminal history.
I/we certify that I/we have read and agree to the terms of this Agreement, the Literature, and all of INSPIRE LEARNING’s policies, including those relating to health and safety, participant conduct and refunds. This Agreement will go into effect when my application is accepted by INSPIRE LEARNING and shall be governed by the laws of the Republic of Ireland.